LAW 529 Lecture Notes - Lecture 5: Kurdistan Regional Government, Walkover, Wrongful Dismissal
12 Mar 2014
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Contract requires an offer, acceptance of that offer and consideration. Advantages of a written employment contract: reduces risk of misunderstandings. By specifying rights, obligations and expectations of both er and ee, a written contract reduces risks that could lead to a law suit: addresses contentious issues early. Helps to deal with major issues early in their relationship and usually will be dealt in a constructive manner to reach an agreement: reduces uncertainty. If disputes do arise, the court will review a well-drafted written contract provides the court with a clear record of terms & conditions. If the agreement is oral, courts must use a balance of probabilities to determine which story is truest. Dispute that is not addressed in oral contract or left out of written contract. Courts would then consider what terms the parties would likely had agreed upon had the issue come up. These assumed terms would then be added to the contract.
